2017 (5) TMI 507

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..... hat: - the books of accounts were examined by the Commissioner (Appeals) where the stock position of 31.3.1997 and 31.3.1998 was with the department itself which shows that on the inputs in question, the respondent has not taken the credit - When the certificate is on record, the Commissioner (Appeals) has rightly set aside the demand against the respondent, therefore, there is no infirmity with t .....

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..... sal of credit were not matching with the figures of balance sheet. The proceedings were initiated against the respondent for reversal of the modvat credit as per figures of the balance sheet. The adjudicating authority confirmed the demand against the respondent. On appeal, the Commissioner (Appeals) after examining the stock position filed by the respondent was with the department as on 31.3 .....

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..... differential quantity of inputs, they have not availed the credit as the fact of stock position of the respondent was with the department and the same has been verified by the ld. Commissioner (Appeals) in the impugned order. In that circumstance, the demand is not sustainable. 5. Heard both sides and considered the submissions. 6. On careful consideration of the submissions made by bo .....

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